Preview
Filing # 36032173 E-Filed 12/30/2015 03:36:09 PM
IN THE CIRCUIT COURT OF THE TI-IIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBCRCUGI-I COUNTY, STATE OF FLORIDA
CIVIL DIVISION
KATRINA JONES,
Plaintiff, CASE NO.:
DIVISION:
VS.
WAL-MART STORES EAST, LP and
JEFF DOUGLAS,
Defendants.
COMPLAINT
GENERAL ALLEGATIONS
COMES NOW the Plaintiff, KATRINA JONES, sues the Defendant, WAL-MART
STORES EAST, LP, and JEFF DOUGLAS, and alleges:
1. This is an action for damages that exceed FIFTEEN THOUSAND DOLLARS
($15,000.00>.
2. The Defendant, WAL-MART STORES EAST, LP, (hereafter "WAL-MART
STORE # 5622) is a foreign limited partnership doing business in the state of Florida and such
partnership had an agent or other representative in Hillsborough County, Florida.
3. At all times material hereto, Jeff Douglas Was employed by Defendant, WAL-
MART, as the store manager on the date of the incident and resided in the state of Florida at that
time and place.
4. On November 25, 2014, the Plaintiff, KATRINA JONES, Was shopping in Wal-
Mart Neighborhood Market Store number 5622 located at 10863 Bloomingdale Ave. in
Riverview, Hillsborough County, Florida when she slipped and fell on a Wet area on the floor.
12/30/2015 3:36 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 1
COUNT I
NEGLIGENT MAINTENANCE
5. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if
fully set forth herein.
6. Defendant, WAL-MART, had a duty to provide a safe environment for patrons.
7. The Defendant, WAL-MART, had a duty to ensure that the floors are safe for
patrons to Walk.
8. The Defendant, WAL-MART, through its agents and employees, breached the
above described duties in the following Ways:
a. negligently failing to provide a safe shopping environment for patrons.
b. negligently inspecting the floor to ensure that they are safe for patrons.
9. As a direct and proximate result of the above-referenced negligence of Defendant,
WAL-MART, Plaintiff suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn
money and aggravation of a previously existing condition. The losses are either permanent or
continuing and the Plaintiff will suffer losses in the future.
WHEREFORE, Plaintiff, KATRINA JONES, demands judgment for costars and damages
against Defendant, WAL-MART STORES EAST, LP, and demands a trial by jury on all issues
so friable.
COUNT II
NEGLIGENT FAILURE To WARN
10. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if
fully set forth herein.
11. Defendant, WAL-MART, had a duty to Warn of dangerous conditions.
12/30/2015 3:36 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 2
12. Defendant, WAL-MART, was negligent and breached the above described duty
including, but not limited to, the following Ways:
a. failing to warn of the dangerous conditions on the floor.
13. As a direct and proximate result of the above-referenced negligence of Defendant,
WAL-MART, Plaintiff suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn
money and aggravation of a previously existing condition. The losses are either permanent or
continuing and the Plaintiff will suffer losses in the future.
WHEREFORE, Plaintiff; KATRINA JONES, demands judgment for eostrs and damages
against Defendant, WAL-MART STORES EAST, LP, and demands a trial by jury on all issues
so friable.
COUNT III
NEGLIGENT MODE OF OPERATION
14. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if
fully set forth herein.
15. Defendant, WAL-MART, had a duty to Warn of dangerous conditions.
16. Defendant, W AL-MART, had a duty to use reasonable care in the mode of
operation of its business premises.
17. Defendant, WAL-MART, was negligent and breached the above described duty
including, but not limited to, the following Ways:
a. safely maintaining the Hoods.
b. failing to have a system in place to regularly inspect, maintain and repair
the floors; and
C. failing to have a system in place to regularly inspect the floors te ensure
they are safe.
12/30/2015 3:36 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
18. As a direct and proximate result of the aboVe referenced negligence of Defendant,
WAL-MART, Plaintiff suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn
money and aggravation of a previously existing condition. The losses are either permanent or
continuing and the Plaintiff will suffer losses in the future.
WHEREFORE, Plaintiff; KATRINA JONES, demands judgment for costars and damages
against Defendant, WAL-MART STORES EAST, LP, and demands a trial by jury on all issues
so friable.
COUNT IV
CLAIM AGAINST JEFF DOUGLAS.
MANAGER OF WAL-MART STORE #5622
19. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if
fully set forth herein.
20. At the time of the accident, Defendant, JEFF DOUGLAS, a Florida resident, was
the store manager of the Wal-Mart Super Center Store number 5622 located at 10863
Bloomingdale Ave. in Tampa, Hillsborough County, Florida
21. Defendant, JEFF DOUGLAS, as part of the course and scope of her
employment, had the responsibility of training employees, dealing with the needs of the
customers and ensuring the maintenance of the store floors.
22. Defendant, JEFF DOUGLAS, was negligent and breached the above described
duty including, but not limited to, the following Ways:
a. safely maintaining the floors.
b. failing to have a system in place to regularly inspect, maintain and repair
the floors, and
C. failing to have a system in place to regularly inspect the floors to ensure
they are safe.
WHEREFORE, Plaintiff, KATRINA JONES, demands judgment for costars and damages
against Defendant, JEFF DOUGLAS, and demands a trial by jury on all issues so friable.
12/30/2015 3:36 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 4
COUNT V
NEGLIGENT MAINTENANCE
23. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if
fully set forth herein.
24. Defendant, JEFF DOUGLAS, had a duty to provide a safe environment for
patrons.
25. The Defendant, JEFF DOUGLAS, had a duty to ensure that the floors are safe for
patrons to Walk.
26. The Defendant, JEFF DOUGLAS, through its agents and employees, breached
the above described duties in the following Ways:
a. negligently failing to provide a safe shopping environment for patrons.
b. negligently inspecting the floor to ensure that they are safe for patrons.
27. As a direct and proximate result of the above-referenced negligence of Defendant,
JEFF DOUGLAS, Plaintiff suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn
money and aggravation of a previously existing condition. The losses are either permanent or
continuing and the Plaintiff will suffer losses in the future.
WHEREFORE, Plaintiff; KATRINA JONES, demands judgment for costars and damages
against Defendant, JEFF DOUGLAS, and demands a trial by jury on all issues so friable.
COUNT VI
NEGLIGENT FAILURE TO WARN
28 Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if
fully set forth herein.
29. Defendant, JEFF DOUGLAS, had a duty to Warn of dangerous conditions.
12/30/2015 3:36 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
30. Defendant, JEFF DOUGLAS, was negligent and breached the above described
duty including, but not limited to, the following Ways:
a. failing to Warn of the dangerous conditions on the floor.
3 1. As a direct and proximate result of the above-referenced negligence of Defendant,
JEFF DOUGLAS, Plaintiff suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn
money and aggravation of a previously existing condition. The losses are either permanent or
continuing and the Plaintiff Will suffer losses in the future.
WHEREFORE, Plaintiff, KATRINA JONES, demands judgment for costars and damages
against Defendant, WAL-MART STORES EAST, LP, and demands a trial by jury on all issues
so friable.
COUNT VII
NEGLIGENT MODE OF OPERATION
32. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if
fully set forth herein.
33. Defendant, JEFF DOUGLAS, had a duty to Warn of dangerous conditions.
34. Defendant, JEFF DOUGLAS, had a duty to use reasonable care in the mode of
operation of its business premises.
35. Defendant, JEFF DOUGLAS, Was negligent and breached the above described
duty including, but not limited to, the following ways:
a. safely maintaining the floors.
b. failing to have a system in place to regularly inspect, maintain and repair
the floors, and
C. failing to have a system in place to regularly inspect the floors to ensure
they are safe.
12/30/2015 3:36 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6
36. As a direct and proximate result of the above-referenced negligence of Defendant,
JEFF DOUGLAS, Plaintiff suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn
money and aggravation of a previously existing condition. The losses are either permanent or
continuing and the Plaintiff Will suffer losses in the future.
WHEREFORE, Plaintiff; KATRINA JONES, demands judgment for costars and damages
against Defendant, JEFF DOUGLAS, and demands a trial by jury on all issues so friable.
DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
ROLANDO G. GUERRA, JR., ESQUIRE, as attorney for Plaintiff KATRINA
JONES, hereby designates, pursuant to Rule 2.516 the following e-mail address for the
purpose of service of all documents required to be served pursuant to Rule 2.516 in
this proceeding:
Primary E-Mail Address: courtservicedocs@gibbsandparnell.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
the Defendant via service of process. / /
GIBBs&'PA1e1v/ Q .1zA.
ROLANDO
i/ GU
5'
RRA, JR., ESQUIRE
FBN: 6024
722 East Fletcher Avenue
Tampa, Florida 33612-2614
(813) 975-4444
Attorneys for Plaintiff
12/30/2015 3:36 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 7
Preview
Filing # 36032173 E-Filed 12/30/2015 03:36:09 PM IN THE CIRCUIT COURT OF THE TI-IIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBCRCUGI-I COUNTY, STATE OF FLORIDA CIVIL DIVISION KATRINA JONES, Plaintiff, CASE NO.: DIVISION: VS. WAL-MART STORES EAST, LP and JEFF DOUGLAS, Defendants. COMPLAINT GENERAL ALLEGATIONS COMES NOW the Plaintiff, KATRINA JONES, sues the Defendant, WAL-MART STORES EAST, LP, and JEFF DOUGLAS, and alleges: 1. This is an action for damages that exceed FIFTEEN THOUSAND DOLLARS ($15,000.00>. 2. The Defendant, WAL-MART STORES EAST, LP, (hereafter "WAL-MART STORE # 5622) is a foreign limited partnership doing business in the state of Florida and such partnership had an agent or other representative in Hillsborough County, Florida. 3. At all times material hereto, Jeff Douglas Was employed by Defendant, WAL- MART, as the store manager on the date of the incident and resided in the state of Florida at that time and place. 4. On November 25, 2014, the Plaintiff, KATRINA JONES, Was shopping in Wal- Mart Neighborhood Market Store number 5622 located at 10863 Bloomingdale Ave. in Riverview, Hillsborough County, Florida when she slipped and fell on a Wet area on the floor. 12/30/2015 3:36 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 1 COUNT I NEGLIGENT MAINTENANCE 5. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if fully set forth herein. 6. Defendant, WAL-MART, had a duty to provide a safe environment for patrons. 7. The Defendant, WAL-MART, had a duty to ensure that the floors are safe for patrons to Walk. 8. The Defendant, WAL-MART, through its agents and employees, breached the above described duties in the following Ways: a. negligently failing to provide a safe shopping environment for patrons. b. negligently inspecting the floor to ensure that they are safe for patrons. 9. As a direct and proximate result of the above-referenced negligence of Defendant, WAL-MART, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and the Plaintiff will suffer losses in the future. WHEREFORE, Plaintiff, KATRINA JONES, demands judgment for costars and damages against Defendant, WAL-MART STORES EAST, LP, and demands a trial by jury on all issues so friable. COUNT II NEGLIGENT FAILURE To WARN 10. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if fully set forth herein. 11. Defendant, WAL-MART, had a duty to Warn of dangerous conditions. 12/30/2015 3:36 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 2 12. Defendant, WAL-MART, was negligent and breached the above described duty including, but not limited to, the following Ways: a. failing to warn of the dangerous conditions on the floor. 13. As a direct and proximate result of the above-referenced negligence of Defendant, WAL-MART, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and the Plaintiff will suffer losses in the future. WHEREFORE, Plaintiff; KATRINA JONES, demands judgment for eostrs and damages against Defendant, WAL-MART STORES EAST, LP, and demands a trial by jury on all issues so friable. COUNT III NEGLIGENT MODE OF OPERATION 14. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if fully set forth herein. 15. Defendant, WAL-MART, had a duty to Warn of dangerous conditions. 16. Defendant, W AL-MART, had a duty to use reasonable care in the mode of operation of its business premises. 17. Defendant, WAL-MART, was negligent and breached the above described duty including, but not limited to, the following Ways: a. safely maintaining the Hoods. b. failing to have a system in place to regularly inspect, maintain and repair the floors; and C. failing to have a system in place to regularly inspect the floors te ensure they are safe. 12/30/2015 3:36 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 18. As a direct and proximate result of the aboVe referenced negligence of Defendant, WAL-MART, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and the Plaintiff will suffer losses in the future. WHEREFORE, Plaintiff; KATRINA JONES, demands judgment for costars and damages against Defendant, WAL-MART STORES EAST, LP, and demands a trial by jury on all issues so friable. COUNT IV CLAIM AGAINST JEFF DOUGLAS. MANAGER OF WAL-MART STORE #5622 19. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if fully set forth herein. 20. At the time of the accident, Defendant, JEFF DOUGLAS, a Florida resident, was the store manager of the Wal-Mart Super Center Store number 5622 located at 10863 Bloomingdale Ave. in Tampa, Hillsborough County, Florida 21. Defendant, JEFF DOUGLAS, as part of the course and scope of her employment, had the responsibility of training employees, dealing with the needs of the customers and ensuring the maintenance of the store floors. 22. Defendant, JEFF DOUGLAS, was negligent and breached the above described duty including, but not limited to, the following Ways: a. safely maintaining the floors. b. failing to have a system in place to regularly inspect, maintain and repair the floors, and C. failing to have a system in place to regularly inspect the floors to ensure they are safe. WHEREFORE, Plaintiff, KATRINA JONES, demands judgment for costars and damages against Defendant, JEFF DOUGLAS, and demands a trial by jury on all issues so friable. 12/30/2015 3:36 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 4 COUNT V NEGLIGENT MAINTENANCE 23. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if fully set forth herein. 24. Defendant, JEFF DOUGLAS, had a duty to provide a safe environment for patrons. 25. The Defendant, JEFF DOUGLAS, had a duty to ensure that the floors are safe for patrons to Walk. 26. The Defendant, JEFF DOUGLAS, through its agents and employees, breached the above described duties in the following Ways: a. negligently failing to provide a safe shopping environment for patrons. b. negligently inspecting the floor to ensure that they are safe for patrons. 27. As a direct and proximate result of the above-referenced negligence of Defendant, JEFF DOUGLAS, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and the Plaintiff will suffer losses in the future. WHEREFORE, Plaintiff; KATRINA JONES, demands judgment for costars and damages against Defendant, JEFF DOUGLAS, and demands a trial by jury on all issues so friable. COUNT VI NEGLIGENT FAILURE TO WARN 28 Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if fully set forth herein. 29. Defendant, JEFF DOUGLAS, had a duty to Warn of dangerous conditions. 12/30/2015 3:36 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 30. Defendant, JEFF DOUGLAS, was negligent and breached the above described duty including, but not limited to, the following Ways: a. failing to Warn of the dangerous conditions on the floor. 3 1. As a direct and proximate result of the above-referenced negligence of Defendant, JEFF DOUGLAS, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and the Plaintiff Will suffer losses in the future. WHEREFORE, Plaintiff, KATRINA JONES, demands judgment for costars and damages against Defendant, WAL-MART STORES EAST, LP, and demands a trial by jury on all issues so friable. COUNT VII NEGLIGENT MODE OF OPERATION 32. Plaintiff adopts and re-alleges paragraphs one (1) through four (4) above as if fully set forth herein. 33. Defendant, JEFF DOUGLAS, had a duty to Warn of dangerous conditions. 34. Defendant, JEFF DOUGLAS, had a duty to use reasonable care in the mode of operation of its business premises. 35. Defendant, JEFF DOUGLAS, Was negligent and breached the above described duty including, but not limited to, the following ways: a. safely maintaining the floors. b. failing to have a system in place to regularly inspect, maintain and repair the floors, and C. failing to have a system in place to regularly inspect the floors to ensure they are safe. 12/30/2015 3:36 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 36. As a direct and proximate result of the above-referenced negligence of Defendant, JEFF DOUGLAS, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and the Plaintiff Will suffer losses in the future. WHEREFORE, Plaintiff; KATRINA JONES, demands judgment for costars and damages against Defendant, JEFF DOUGLAS, and demands a trial by jury on all issues so friable. DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 ROLANDO G. GUERRA, JR., ESQUIRE, as attorney for Plaintiff KATRINA JONES, hereby designates, pursuant to Rule 2.516 the following e-mail address for the purpose of service of all documents required to be served pursuant to Rule 2.516 in this proceeding: Primary E-Mail Address: courtservicedocs@gibbsandparnell.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the Defendant via service of process. / / GIBBs&'PA1e1v/ Q .1zA. ROLANDO i/ GU 5' RRA, JR., ESQUIRE FBN: 6024 722 East Fletcher Avenue Tampa, Florida 33612-2614 (813) 975-4444 Attorneys for Plaintiff 12/30/2015 3:36 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 7